How the family court should adjudicate the matters of extrajudicial modes of divorce under Muslim law at the instance of wife: Kerala HC Issues Directions

The Kerala HC issues directions to the family court in regard to the adjudication of matters of extrajudicial modes of divorce under Muslim law at the instance of the wife. The court upholds the validity of the extrajudicial modes of divorce for Muslim women.  The court allows the family courts to uphold the matrimonial status of any person on these bases.{family lawyer in gurgaon}

Directions Issued by the Kerala HC

  • In the cases of Talaq, Khula, Mubarat, and Talaq-e-tafwiz; the court shall entertain the application moved by either parties or both to declare the marital status.
  • In case of unilateral modes of dissolution of marriage, the family shall have a limited scope of inquiry. The family court shall declare the status of marriage in these cases after due notice to the other party.
  • If any of the parties wants to contest the validity and effectiveness of the Khula or Talaq; he may contest the same under the set provisions of law.
  • In case of consensual modes of dissolution of the marriage, the family court shall declare the marital status without any further inquiry into the matter.
  • The Kerala HC specifically directs the family courts not to adjudicate the matter of extrajudicial modes of divorce, unless called upon by the parties in an appropriate manner.

Unilateral modes of dissolution of marriage are- Khula or Talaq

Consensual modes of dissolution of marriage are- Mubarat or Talaq-e-tafwiz

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